Archive for June 21st, 2007

Strikes, work curbs and litigation: how life may change under the EU charter - The Times

“Britain was told yesterday that it had all but lost its fight to stop the Charter of Fundamental Rights becoming legally binding in the new EU treaty set to replace the failed European Constitution, sources claimed yesterday.”

Full story

The Times, 21st June 2007

Source: www.timesonline.co.uk

YL v. Birmingham City Council and Others - Times Law Reports

Exercise of delegated council duty is a private function

YL v. Birmingham City Council and Others

House of Lords

“Where a private care home, under contract with a local authority, provided care and accommodation for an elderly person which the authority had been under a statutory duty to arrange, the care home was not exercising functions of a public nature so as to allow her to claim a breach of duty under the European Convention on Human Rights.”

The Times, 21st June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Midlands Co-operative Society Ltd. v. Revenue and Customs Commissioners - WLR Daily

Midlands Co-operative Society Ltd. v. Revenue and Customs Commissioners [2007] EWHC 1432 (Ch) 

“The Value Added Tax Act 1994 and its associated Regulations allowed the benefit of a claim under s 80 of the Act for overpaid output tax to be assigned.”

WLR Daily, 19th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Godmanchester Town Council) v. Secretary of State for the Environment, Food and Rural Affairs - WLR Daily

R (Godmanchester Town Council) v. Secretary of State for the Environment, Food and Rural Affairs [2007] UKHL 28

“‘Sufficient evidence’ under s 31(1) of the Highways Act 1980 that a landowner had had no intention to dedicate a way as a highway required evidence of overt acts demonstrating his lack of intention and coming to the attention of users of the way.”

WLR Daily, 20th June 2007

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Rowley and others) v. Secretary of State for Work and Pensions - WLR Daily

R (Rowley and others) v. Secretary of State for Work and Pensions (Resolution intervening) [2007] EWCA Civ 598

“The Secretary of State for Work and Pensions did not owe a common law duty of care to qualifying children or to those with their care in discharging his functions under the Child Support Act 1991.”

WLR Daily, 19th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bar Council defends its record on complaints handling - Bar Council

“In a hard-hitting briefing sent to key MPs this week, the Bar Council has defended its record on complaints handling.  As the Legal Services Bill moves through Committee Stage, the Government is proposing a ‘one size fits all’ approach to complaints handling, reversing amendments introduced in the House of Lords. But the vast majority of complaints are against solicitors – and the overwhelming majority of criticisms about complaints handling are directed against the Law Society rather than the Bar’s independent regulator, the Bar Standards Board (BSB), which has consistently provided an efficient and effective service, according to the independent Legal Services Ombudsman.”

Full story 

Bar Council press release, 21st June 2007

Source: www.barcouncil.org.uk

House of Lords Judgments: whats new?

Daily Telegraph, 21st June 2007

Inquests into the deaths of servicemen in operations and exercises overseas - Ministry of Justice

“Ministerial statement about the inquests into the deaths of servicemen and women overseas under the jurisdiction of the Oxfordshire coroner, Nicholas Gardiner and the Wiltshire and Swindon coroner, David Masters.”

Announcement

Ministry of Justice, 20th June 2007

Source: www.justice.gov.uk

Confidence and confidentiality: Openness in family courts a new approach - Ministry of Justice

“This is the second consultation on improving openness in family courts. This paper sets out what we are taking forward from the last consultation, and seeks views on new proposals to improve the openness in family courts.”

Confidence and confidentiality: Openess in family courts a new approach CP [10/07]

Ministry of Justice, 20th June 2007

Source: www.justice.gov.uk

City firms say Law Society is improving but still doubtful over its commercial role - Legal Week

“City lawyers remain sceptical of the Law Society’s ability to represent the commercial legal profession, with the majority saying the professional body does not look out for their interests.”

Full story

Legal Week, 21st June 2007

Source: www.legalweek.com

UK ‘prepared to block EU treaty’ - BBC News

“The UK will block any unsatisfactory deal in this week’s EU treaty negotiations, Foreign Secretary Margaret Beckett has said.”

Full story

BBC News, 20th June 2007

Source: www.bbc.co.uk

MPs to consider cut in abortion time limit - The Guardian

“MPs are to launch an inquiry into the impact of scientific developments on abortion law, including whether medical advances in the care of very premature babies mean the 24-week time limit should be reduced.”

Full story

The Guardian, 21st June 2007

Source: www.guardian.co.uk

Lords warn against curbs on FoI - The Guardian

“Parliament’s reputation is “at serious risk” from attempts to exempt its members from the freedom of information act, a powerful Lords committee warned today.”

Full story

The Guardian, 21st June 2007

Source: www.guardian.co.uk

Rights blow to elderly in private care - The Times

“Thousands of people who use hospital or school services contracted out by local authorities are without the protection of human rights laws, after a landmark ruling yesterday.”

Full story

The Times, 21st June 2007

Source: www.timesonline.co.uk

Six years on, evidence that helped convict TV presenter’s murderer is deemed valueless - The Guardian

“Scientific evidence which helped convict Barry George of the murder of the BBC presenter Jill Dando six years ago has since been codified by the government’s Forensic Science Service as “of no value”, the Guardian understands.”

Full story

The Guardian, 21st June 2007

Source: www.guardian.co.uk

More family cases go behind closed doors - The Times

“Thousands of children’s care cases will be heard behind closed doors under proposals from the Lord Chancellor yesterday that extend courts’ powers to exclude the media.”

Full story

The Times, 21st June 2007

Source: www.timesonline.co.uk


 

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